Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Tuesday, May 03, 2005

New Ohio AG Opinions

These are dated 4/29/2005. I have included parts of the syllabus for each. Click on the link for full text:

SYLLABUS: 2005-017
1. For purposes of R.C. 731.21, in order for a newspaper to be a “political
newspaper,” the newspaper must profess to be a newspaper of a particular
political party or have an established allegiance to a particular political
party.
2. R.C. 504.12 requires that the resolutions adopted by a limited home rule
township under its limited home rule powers be published in accordance
with the provisions of R.C. 731.21, R.C. 731.22, R.C. 731.24, R.C.
731.25, and R.C. 731.26, which establish publication procedures to be
followed by municipal corporations, except that such resolutions “shall be
published in newspapers circulating within the township,” and in
accordance with the provisions of R.C. 7.12 that do not conflict with R.C.
731.21.

SYLLABUS: 2005-018
1. At the time a Brown County Municipal Court assistant clerk is terminated
from that position, she “separates” from service for purposes of R.C.
325.19, even though she is immediately hired by the judge of the Brown
County Municipal Court as the court’s assignment commissioner. R.C.
325.19(C) requires the Brown County Clerk of Courts to pay the
employee, at the time of separation, “for the prorated portion of any
earned but unused vacation leave for the current year to the employee’s
credit at time of separation, and … for any unused vacation leave accrued
to the employee’s credit, with the permission of the appointing authority,
for the three years immediately preceding the last anniversary date of
employment.” At the time this employee terminates her employment as
the Brown County Municipal Court’s assignment commissioner in order
to return to her former position as assistant clerk of that court, the
employee “separates” from service for purposes of R.C. 325.19, and at
such time must be paid, in accordance with the terms of R.C. 325.19(C),
for unused vacation leave earned in her position as assignment
commissioner.

SYLLABUS: 2005-019
A board of county commissioners is not authorized by R.C. 307.93(D) or R.C.
2929.37(A) to adopt a policy that requires a convicted offender serving in a local
detention facility to repay the county for the costs it incurred as a result of his
confinement in the facility prior to the commencement of his sentence.


Later

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